As Congress resumes its session after Labor Day, businesses and families will be waiting to hear about any progress on immigration reform. The Senate passed its version of a comprehensive immigration reform bill in June but the lawmakers in the House have yet to vote on any version of immigration bills. Meanwhile, businesses that wish hire workers continue to deal with conflicting and complicated laws and regulations. Families continue to be affected daily by immigration laws that are not working.

Some in Washington do not believe that any significant progress will take place until 2014, citing Congress’ fall calendar that has less than 40 working days and the fact that many of the first sessions will be dealing with budget issues. While others predict that a vote in the House may occur as early as October. All are in agreement that immigration is an issue that is not going away.

There have been many important changes in the U.S. immigration laws and regulations in 2012. Nonimmigrant and immigrant visa processing (such as the H-1B and Green Card) continue to be a challenge in this economy and the increased enforcement in the U.S. and at American Consulates abroad.
It is important for all employers to know what their responsibilities are under the U.S. immigration laws. Employers are prohibited from hiring, recruiting or referring for a fee, a person who is not authorized to work in the United States.

U.S. employers are responsible for examining evidence of identity and employment authorization of all employees. Employers must also complete and retain Form I-9 which attests under penalty of perjury that an employee has produced the required documents showing identity and employment authorization. U.S. Employers must keep I-9 forms for three years after the date of hire or for one year after employment is terminated, whichever is later.

The U.S. Immigration and Customs Enforcement (“ICE”) conducts I-9 compliance audits by randomly selecting employers to produce forms I-9 Forms. Additionally, during the audits ICE will also request other documentation which may include a copy of the payroll, list of current employees, Articles of Incorporation, and business licenses.

Employers who do not comply with the law are subject harsh penalties by the U.S. government including civil fines, criminal penalties and debarment from government contracts. Monetary penalties can range from $375 to $16,000 per violation. These types of penalties not only cost employers money but will result adverse publicity of the business.

Our attorneys can assist answering questions employers may have regarding their responsibilities under immigration laws.